MK9 Development Ltd Terms and Conditions
The following Terms and Conditions of Service apply to all artwork, graphic design, software development and other services provided by MK9 Development Ltd.
All design work is carried out by MK9 Development Ltd on the understanding that the client has agreed to abide by MK9 Development Ltd’s terms and conditions.
Copyright of all graphic design and software development work is retained by MK9 Development Ltd including specification documents, source code, copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
At the time of proposal, MK9 Development Ltd will provide the customer with a written estimate or quotation by post or email as requested.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to MK9 Development Ltd by email or post. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept MK9 Development Ltd’s terms and conditions. No work on a project will commence until either document has been received by MK9 Development Ltd.
Fees for services to be provided by MK9 Development Ltd, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due on projects worth over £500.00. Work on the project will not commence until MK9 Development Ltd has received this amount.
Charges for Other Services
Charges for any additional services over and above the original estimates, will be made known to the client. They will become fully payable at the time of project acceptance.
The client will be asked to provided sign off before being issued with an Invoice. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 14 days after the date of invoice, may incur an extra charge of 8% plus the Bank of England base rate per month of the outstanding amount.
Payments may be made by Bacs, cheque, or previously agreed electronic funds transfer.
Returned cheques will incur an additional fee of £50 per returned cheque. MK9 Development Ltd reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 14 days from the date of invoice or following a returned cheque. MK9 Development Ltd shall be considered entitled to remove MK9 Development Ltd’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, source code, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay MK9 Development Ltd reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to MK9 Development Ltd for inclusion in the customer’s brochure or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by MK9 Development Ltd on behalf of the customer, will remain the property of MK9 Development Ltd and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to MK9 Development Ltd, the customer grants MK9 Development Ltd permission to use this material freely in the pursuit of the design and to utilise the designs in MK9 Development Ltd’s portfolio unless agreed otherwise.
Should MK9 Development Ltd, or the customer supply an image, text, audio clip or any other file for use in a website, web application, mobile application, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow MK9 Development Ltd to remove and/or replace the file.
The customer agrees to fully indemnify and hold MK9 Development Ltd free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design/specification will be liable to a separate charge.
The customer also agrees that MK9 Development Ltd holds no responsibility for any amendments made by any third party, before or after a design/specification is published.
Any design, copywriting, drawing, idea or code created for the customer by MK9 Development Ltd, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of MK9 Development Ltd and any of it’s relevant sub-contractors.
All design work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. MK9 Development Ltd will not be held responsible for any and all damages resulting from such claims. MK9 Development Ltd is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold MK9 Development Ltd responsible for any such loss or damage. Any claim against MK9 Development Ltd shall be limited to the relevant fee(s) paid by the customer.
The client agrees to MK9 Development Ltd’s definition of acceptable means of supplying data to the company.
Text is to be supplied to MK9 Development Ltd in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by MK9 Development Ltd via CD, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and MK9 Development Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. MK9 Development Ltd cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Any indication given by MK9 Development Ltd of a project’s duration is to be considered by the customer to be an estimation. MK9 Development Ltd cannot be held responsible for any project over-runs, whatever the cause.
MK9 Development Ltd considers the project complete upon receipt of the customer’s sign off. Other services such as printing, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Once web design is complete, MK9 Development Ltd will provide the customer with the opportunity to review the resulting work. MK9 Development Ltd will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to MK9 Development Ltd by email or post.
MK9 Development Ltd will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
MK9 Development Ltd offers a hosting service through an out-sourced server. MK9 Development Ltd does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. MK9 Development Ltd may request that clients change the type of hosting account used if that account is deemed by MK9 Development Ltd to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for MK9 Development Ltd’s hosting service are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and MK9 Development Ltd are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.
Duration and Renewal of Hosting Services
Unless otherwise specified, Services are provided for a minimum contract term of 12 months and unless cancelled in writing will automatically be renewed for the billing period chosen on sign up. You are entitled to cancel the Services by contacting MK9 Development Ltd no less than 3 months prior to the renewal date for your Services.
The customer agrees to allow MK9 Development Ltd to place a small credit on printed material, exhibition displays, advertisements and/or a link to MK9 Development Ltd’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow MK9 Development Ltd to place all designs on MK9 Development Ltd’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
MK9 Development Ltd will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. MK9 Development Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that MK9 Development Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow MK9 Development Ltd to remove the contravention without hindrance, or penalty. MK9 Development Ltd is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or email, however, following this, MK9 Development Ltd will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 14 days. Please note: any cancellation which is not formally confirmed in writing and received by MK9 Development Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
MK9 Development Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. MK9 Development Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. MK9 Development Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold MK9 Development Ltd responsible for any such loss or damage. Any claim against MK9 Development Ltd shall be limited to the relevant fee(s) paid by the customer.
MK9 Development Ltd reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. MK9 Development Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
MK9 Development Ltd and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. MK9 Development Ltd recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. MK9 Development Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design, software development and/or any other services offered by MK9 Development Ltd and validated by the customer’s signature on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and MK9 Development Ltd.